Baptist pastor receives 30 days in jail for breaking abortuary 'bubble'
<http://www.catholicnewsagency.com/new.php?n=15161>http://www.catholicnewsagency.com/new.php?n=15161
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Rev. Walter Hoye
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Oakland, Calif., Feb 21, 2009 / 08:41 pm
(<http://www.catholicnewsagency.com>CNA).-
A Baptist pastor from Berkeley, California has been fined and
sentenced to 30 days in jail for violating Oakland's "bubble law"
which restricts pro-life counselors from approaching women who are
entering abortion clinics.
In addition to the 30-day sentence delivered on Thursday, Alameda
Superior Court Judge Stuart Hing placed Rev. Walter Hoye on probation
for three years and fined him $1,130, the California Catholic Daily reports.
The pastor had rejected a plea bargain offered by the district
attorney before trial, guaranteeing no jail time in exchange for a
guilty plea to one count.
Operation Rescue President Troy Newman criticized the decision,
saying "This is an unjust sentence for an unjust conviction that
cannot be allowed to stand.
"We stand behind Rev. Hoye one hundred percent and pray for his
speedy exoneration on appeal.
"Every American should be alarmed by Rev. Hoye's conviction and this
unconstitutional ordinance."
Rev. Hoye had initially been charged with violating four counts of
the "bubble law": two counts of "unlawful approach" and two counts of
using "force, threat of force or physical obstruction" against
escorts at the Family Planning Specialists Clinic in Oakland.
The pastor has regularly stationed himself near the clinic and has no
prior criminal record.
The charges concerned two separate incidents on April 29, 2008 and
May 13, 2008, respectively.
In the May 13 incident, Rev. Hoye was arrested after a clinic staff
member called police. He had been attempting to hand out pro-life
literature and was carrying a 40-inch sign that read "Jesus Loves You
& Your Baby. Let Us Help You."
Before the trial Judge Hing dismissed one count of using "force,
threat of force or physical obstruction," while the jury found Hoye
not guilty on the other count. The jury returned guilty verdicts on
the two counts of "unlawful approach."
Prior to his arrest, Rev. Hoye, an outspoken opponent of the "bubble
law," had filed a federal lawsuit challenging the law's constitutionality.
Concerning his sentence, he questioned whether the jury had been
given an adequate definition of what constituted an "approach."
Video evidence presented by the defense showed that clinic employees
approached Howe, the California Catholic Daily says.
Katie Short, an attorney with Life Legal Defense Foundation which
represented Rev. Hoye, also questioned the sentence.
"The ordinance prohibits approaching within eight feet of someone
entering an abortion clinic, without their consent, for the purpose
of... let's call it 'communication'," Short told the California
Catholic Daily. "The clinic director and escorts took this to mean
that Walter could not approach them without their consent, even
though they were not entering the facility and he was not trying to
communicate with them."
Mike Millen, another defense attorney, said the sentencing threat was
"potent" but added, "My client is more interested in getting the
truth out, both on the sidewalk and in the courtroom."
Before the sentencing, Attorneys for the Life Legal Defense
Foundation asked Judge Hing to grant a motion for a new trial,
arguing that the jurors had not been adequately instructed and
violated Rev. Hoye's right to due process. Judge Hing denied the motion.
The judge said Rev. Hoye could serve his sentence "by alternative means."
Defense attorney Dana Cody said Rev. Hoye has the right to challenge
an "onerous condition" of his probation requiring that he stay away
from the clinic, arguing this restriction was a violation of his
right to free speech.
A hearing next month will consider the probation sentence.
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